• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

DUI in NC, Admitted to Officer, but wasn't in car?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

remix919

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I was unfortunately driving under the influence and crashed my car into a curb. A nearby Sheriff saw the accident (not the actual crash, but saw my car disabled on the side of the road) and came over to see what had happened and then proceeded to call local PD. When the local PD arrived, I had told them I crashed into the curb on accident (I didn't think I was over the limit, but I was) and they then proceeded to give me the standard tests and after I refused to blow into the portable breathalizer they had on them, they arrested me and took me to the local jail. I was released later on that night to a sober adult.

My question is am I pretty much stuck on this one or is there any chance I could get it dismissed? While I was in fact driving, none of the officers ever saw me driving or even inside the car, other than me admitting guilt in a drunken state, there is nothing else that proves that I was driving. I was told that an officer can not use the admission of someone under the influence as the sole reason for determining that someone had committed a DUI?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? North Carolina

I was unfortunately driving under the influence and crashed my car into a curb. A nearby Sheriff saw the accident (not the actual crash, but saw my car disabled on the side of the road) and came over to see what had happened and then proceeded to call local PD. When the local PD arrived, I had told them I crashed into the curb on accident (I didn't think I was over the limit, but I was) and they then proceeded to give me the standard tests and after I refused to blow into the portable breathalizer they had on them, they arrested me and took me to the local jail. I was released later on that night to a sober adult.

My question is am I pretty much stuck on this one or is there any chance I could get it dismissed? While I was in fact driving, none of the officers ever saw me driving or even inside the car, other than me admitting guilt in a drunken state, there is nothing else that proves that I was driving. I was told that an officer can not use the admission of someone under the influence as the sole reason for determining that someone had committed a DUI?
You confessed! Who told you that they can't use your confession against you? A lawyer?
 

justalayman

Senior Member
, there is nothing else that proves that I was driving.
and there was no alternate possibility presented either, was there?

I was told that an officer can not use the admission of someone under the influence as the sole reason for determining that someone had committed a DUI?
why do you believe your confession is the only evidence against you?
 

anearthw

Member
Remix, you could be charged even if you were "under the limit", if you are impaired.

You need an attorney ASAP. You have no idea of even the most basic principles of this charge and you may very well be convicted so hire one now!

Released to sober adult? Are you underage?
 

remix919

Junior Member
I am 27 and have never had a DUI or even much less a traffic ticket for over 7 years now. There is one alternate theory, my aunt was in the car with me but she was also drunk and when the sheriff pulled up, she ran from the scene. Unfortunately she lives in NZ so it's hard to get her to fly all the way back here just for court. I was told by the office of Marcus E. Hill in Durham County that an officer must make his determination that you were impaired while driving the vehicle from evidence other than just a driver's confession.
 

Zigner

Senior Member, Non-Attorney
I am 27 and have never had a DUI or even much less a traffic ticket for over 7 years now. There is one alternate theory, my aunt was in the car with me but she was also drunk and when the sheriff pulled up, she ran from the scene. Unfortunately she lives in NZ so it's hard to get her to fly all the way back here just for court. I was told by the office of Marcus E. Hill in Durham County that an officer must make his determination that you were impaired while driving the vehicle from evidence other than just a driver's confession.
You admitted you were driving. You admitted you were drinking. They have evidence you were under the influence outside of your confession.

Seriously, get an attorney.
 

remix919

Junior Member
You admitted you were driving. You admitted you were drinking. They have evidence you were under the influence outside of your confession.

Seriously, get an attorney.
I paid $2500 for a good local attorney...and he's telling me to plead guilty :( seems like a total waste of money. I talked to some other attorneys and one of them wanted $6000 to take my case but he seems a lot more experienced and says there's quite a few technicalities he is going to try to exploit but even so, he says there's only maybe a 20-30% chance of me walking on this one...so I'm trying to decide if I want to put another $6k toward a *chance* or just save the $6k toward the money I'm going to have to spend for court costs and increased insurance premiums.
 

Zigner

Senior Member, Non-Attorney
I paid $2500 for a good local attorney...and he's telling me to plead guilty :( seems like a total waste of money. I talked to some other attorneys and one of them wanted $6000 to take my case but he seems a lot more experienced and says there's quite a few technicalities he is going to try to exploit but even so, he says there's only maybe a 20-30% chance of me walking on this one...so I'm trying to decide if I want to put another $6k toward a *chance* or just save the $6k toward the money I'm going to have to spend for court costs and increased insurance premiums.
I suspect that, given enough money, you would increase your odds up to, oh, about a 20%-30% chance of prevailing.
 

justalayman

Senior Member
I paid $2500 for a good local attorney...and he's telling me to plead guilty .
whoa. What happened to this:

I was told by the office of Marcus E. Hill in Durham County that an officer must make his determination that you were impaired while driving the vehicle from evidence other than just a driver's confession.

maybe you should have hired Marcus E. Hill in Durham County.

or maybe there is other evidence, like a crashed car and nobody else in it or near it other than the ghost passenger that disappeared before the cops got there.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top